Lawsuit Brings $24 Million
to Libby Asbestos Victims
Friday, January 27, 2017
Last week, Cascade County District Court Judge John Kutzman approved the $24 million settlement for 1,000 victims of asbestos in the Libby and Troy area.
According to Roger Sullivan with the law firm of McGarvey, Heberling, Sullivan & Lacey, PC, the settlement is for cash payment of $24 million in two installments, the first installment is 60 percent of the money and the remaining 40 percent is to be paid by July 31, 2017.
Two new trusts were set up as per the settlement, $18 million will go to the Kalispell law firm’s 826 claimants’ trust and $6 million will go to Great Falls law firms’ 261 claimants’ trust. Nancy Gibson out of Missoula is the trustee on both of the trusts.
The amount the claimants receive varies based on the extent of their disease and medical costs. That amount was already decided when the settlement was reached in June of 2016. Before the settlement could go through, it required a number of procedures including a number of lawsuits and cases that needed to be approved by the judge.
Claimants will receive a payment either through the law firm or directly mailed to them. As with any settlement, the amount will be deducted 33 percent for attorney fees.
A 2004 Montana Supreme Court case, Orr vs. the State of Montana, ruled that there was a duty to disclose the hazardous material. Although the current claimants relied on this court decision, that case only included mine workers, family members and contractors of the mine, but that didn’t include the community members.
A 2011 lawsuit between Lester M. Jones et al vs. the state of Montana negotiated a $43 million settlement with asbestos victims. More than 1,100 claimants with asbestos disease got a portion of that settlement.
In this recent lawsuit, the Libby claimants and the law firms contended that previous ruling should extend to people in the community. The litigation was settled without a ruling.
Most of those claimants were mine workers and their families, but the new lawsuit includes mainly community members.
